■a. 

/ 


PANAMA— SHIP   CANAL. 


CONVENTION 

BETWEEN 

THE  UNITED  STATES  AND  THE  REPUBLIC  OF  PANAMA 

FOR    THE 

CONSTRUCTION    OF    A    SHIP    CANAL    TO    CONNECT    THE    WATERS    OF    THE 
ATLANTIC  AND  PACIFIC   OCEANS. 


Signed  at  Washington,  November  18, 1903. 
Ratification  advised  by  the  Senate,  February  23,  1904. 
Ratified  by  the  President,  February  25,  1904- 
Ratified  by  Panama,  December  2,  1903. 
Ratifications  exchanged  at  Washington,  February  26, 1904. 
Proclaimed,  February  26,  1904. 


By  the  President  of  the  United  States  of  America. 
A  PROCLAMATION. 

Whereas  a  Convention  between  the  United  States  of  America  and 
the  Republic  of  Panama  to  insure  the  construction  of  a  ship  canal 
across  the  Isthmus  of  Panama  to  connect  the  Atlantic  and  Pacific 
Oceans,  was  concluded  and  signed  by  their  respective  Plenipoten- 
tiaries at  Washington,  on  the  eighteenth  day  of  November,  one 
thousand  nine  hundred  and  three,  the  original  of  which  Convention, 
being  in  the  English  language,  is  word  for  word  as  follows : 

ISTHMIAN    CANAL   CONVENTION. 

The  United  States  of  America  and  the  Republic  of  Panama  being 
desirous  to  insure  the  construction  of  a  ship  canal  across  the  Isthmus 
of  Panama  to  connect  the  Atlantic  and  Pacific  oceans,  and  the  Con- 
gress of  the  United  States  of  America  having  passed  an  act  approved 
June  28,  1902,  in  furtherance  of  that  object,  by  which  the  President 

99084—11 


of  the  United  States  is  authorized  to  acquire  within  a  reasonable 
time  the  control  of  the  necessary  territory  of  the  Republic  of  Co- 
lombia, and  the  sovereignty  of  such  territory  being  actually  vested 
in  the  Republic  of  Panama,  the  high  contracting  parties  have 
resolved  for  that  purpose  to  conclude  a  convention  and  have  accord- 
ingly appointed  as  their  plenipotentiaries, — 

The  President  of  the  United  States  of  America,  John  Hay,  Sec- 
retary of  State,  and 

The  Government  of  the  Republic  of  Panama,  Philippe  Bunau- 
Varilla,  Envoy  Extraordinary  and  Minister  Plenipotentiary  of  the 
Republic  of  Panama,  thereunto  specially  empowered  by  said  gov- 
ernment, who  after  communicating  with  each  other  their  respective 
full  powers,  found  to  be  in  good  and  due  form,  have  agreed  upon 
and  concluded  the  following  articles: 

Article  I. 

The  United  States  guarantees  and  will  maintain  the  independence 
of  the  Republic  of  Panama. 

Article  II. 

The  Republic  of  Panama  grants  to  the  United  States  in  perpe- 
tuity the  use,  occupation  and  control  of  a  zone  of  land  and  land 
under  water  for  the  construction,  maintenance,  operation,  sanitation 
and  protection  of  said  Canal  of  the  width  of  ten  miles  extending  to 
the  distance  of  five  miles  on  each  side  of  the  center  line  of  the  route 
of  the  Canal  to  be  constructed;  the  said  zone  beginning  in  the  Carib- 
bean Sea  three  marine  miles  from  mean  low  water  mark  and  extend- 
ing to  and  across  the  Isthmus  of  Panama  into  the  Pacific  ocean  to  a 
distance  of  three  marine  miles  from  mean  low  water  mark  with  the 
proviso  that  the  cities  of  Panama  and  Colon  and  the  harbors  adja- 
cent to  said  cities,  which  are  included  within  the  boundaries  of  the 
zone  above  described,  shall  not  be  included  within  this  grant.  The 
Republic  of  Panama  further  grants  to  the  United  States  in  perpe- 
tuity the  use,  occupation  and  control  of  any  other  lands  and  waters 
outside  of  the  zone  above  described  which  may  be  necessary  and 
convenient  for  the  construction,  maintenance,  operation,  sanitation 
and  protection  of  the  said  Canal  or  of  any  auxiliary  canals  or  other 
works  necessary  and  convenient  for  the  construction,  maintenance, 
operation,  sanitation  and  protection  of  the  said  enterprise. 

The  Republic  of  Panama  further  grants  in  like  manner  to  the 
United  States  in  perpetuity  all  islands  within  the  limits  of  the  zone 
above  described  and  in  addition  thereto  the  group  of  small  islands 
in  (lie  Bay  of  Panama,  named  Perico.  Naos.  Culebra  and  Flamenco. 


Article  III. 

The  Republic  of  Panama  grants  to  the  United  States  all  the 
rights,  power  and  authority  within  the  zone  mentioned  and  described 
in  Article  II  of  this  agreement  and  within  the  limits  of  all  auxiliary 
lands  and  waters  mentioned  and  described  in  said  Article  II  which 
the  United  States  would  possess  and  exercise  if  it  were  the  sover- 
eign of  the  territory  within  which  said  lands  and  waters  are  located 
to  the  entire  exclusion  of  the  exercise  by  the  Republic  of  Panama 
of  any  such  sovereign  rights,  power  or  authority. 

Article  IV. 

As  rights  subsidiary  to  the  above  grants  the  Republic  of  Panama 
grants  in  perpetuity  to  the  United  States  the  right  to  use  the  rivers, 
streams,  lakes  and  other  bodies  of  water  within  its  limits  for  navi- 
gation, the  supply  of  water  or  water-power  or  other  purposes,  so  far 
as  the  use  of  said  rivers,  streams,  lakes  and  bodies  of  water  and  the 
waters  thereof  may  be  necessary  and  convenient  for  the  construc- 
tion, maintenance,  operation,  sanitation  and  protection  of  the  said 
Canal. 

Article  V. 

The  Republic  of  Panama  grants  to  the  United  States  in  perpetuity 
a  monopoly  for  the  construction,  maintenance  and  operation  of  any 
system  of  communication  by  means  of  canal  or  railroad  across  its 
territory  between  the  Caribbean  Sea  and  the  Pacific  ocean. 

Article  VI. 

The  grants  herein  contained  shall  in  no  manner  invalidate  the  titles 
or  rights  of  private  land  holders  or  owners  of  private  property  in  the 
said  zone  or  in  or  to  any  of  the  lands  or  waters  granted  to  the  United 
States  by  the  provisions  of  any  Article  of  this  treaty,  nor  shall  they 
interfere  with  the  rights  of  way  over  the  public  roads  passing  through 
the  said  zone  or  over  any  of  the  said  lands  or  waters  unless  said 
rights  of  way  or  private  rights  shall  conflict  with  rights  herein 
granted  to  the  United  States  in  which  case  the  rights  of  the  United 
States  shall  be  superior.  All  damages  caused  to  the  owners  of  private 
lands  or  private  property  of  any  kind  by  reason  of  the  grants  con- 
tained in  this  treaty  or  by  reason  of  the  operations  of  the  United 
States,  its  agents  or  employees,  or  by  reason  of  the  construction, 
maintenance,  operation,  sanitation  and  protection  of  the  said  Canal 
or  of  the  works  of  sanitation  and  protection  herein  provided  for, 
shall  be  appraised  and  settled  by  a  joint  Commission  appointed  by 
the  Governments  of  the  United  States  and  the  Republic  of  Panama, 


whose  decisions  as  to  stich  damages  shall  be  final  and  whose  awards 
as  to  such  damages  shall  be  paid  solely  by  the  United  States.  No 
part  of  the  work  on  said  Canal  or  the  Panama  railroad  or  on  any 
auxiliary  works  relating  thereto  and  authorized  by  the  terms  of  this 
treaty  shall  be  prevented,  delayed  or  impeded  by  or  pending  such 
proceedings  to  ascertain  such  damages.  The  appraisal  of  said  pri- 
vate lands  and  private  property  and  the  assessment  of  damages  to 
them  shall  be  based  upon  their  value  before  the  date  of  this  convention. 

Article  VII. 

The  Republic  of  Panama  grants  to  the  United  States  within  the 
limits  of  the  cities  of  Panama  and  Colon  and  their  adjacent  harbors 
.and  within  the  territory  adjacent  thereto  the  right  to  acquire  by 
purchase  or  by  the  exercise  of  the  right  of  eminent  domain,  any 
lands,  buildings,  water  rights  or  other  properties  necessary  and  con- 
venient for  the  construction,  maintenance,  operation  and  protection 
of  the  Canal  and  of  any  works  of  sanitation,  such  as  the  collection 
and  disposition  of  sewage  and  the  distribution  of  water  in  the  said 
cities  of  Panama  and  Colon,  which,  in  the  discretion  of  the  United 
States  may  be  necessary  and  convenient  for  the  construction,  mainte- 
nance, operation,  sanitation  and  protection  of  the  said  Canal  and 
railroad.  All  such  works  of  sanitation,  collection  and  disposition 
of  sewage  and  distribution  of  water  in  the  cities  of  Panama  and  Colon 
shall  be  made  at  the  expense  of  the  United  States,  and  the  Govern- 
ment of  the  United  States,  its  agents  or  nominees  shall  be  authorized 
to  impose  and  collect  water  rates  and  sewerage  rates  which  shall  be 
sufficient  to  provide  for  the  payment  of  interest  and  the  amortiza- 
tion of  the  principal  of  the  cost  of  said  works  within  a  period  of  fifty 
years  and  upon  the  expiration  of  said  term  of  fifty  years  the  system 
of  sewers  and  water  works  shall  revert  to  and  become  the  properties 
of  the  cities  of  Panama  and  Colon  respectively,  and  the  use  of  the 
water  shall  be  free  to  the  inhabitants  of  Panama  and  Colon,  except 
to  the  extent  that  water  rates  may  be  necessary  for  the  operation 
and  maintenance  of  said  system  of  sewers  and  water. 

The  Republic  of  Panama  agrees  that  the  cities  of  Panama  and 
Colon  shall  comply  in  perpetuity  with  the  sanitary  ordinances  whether 
.of  a  preventive  or  curative  character  prescribed  by  the  United  States 
.•and  in  case  the  Government  of  Panama  is  unable  or  fails  in  its  duty 
tto  enforce  this  compliance  by  the  cities  of  Panama  and  Colon  with 
the  sanitary  ordinances  of  the  United  States  the  Republic  of  Panama 
grants  to  the  United  States  the  right  and  authority  to  enforce  the 
same. 

The  same  right  and  authority  are  granted  to  the  United  States  for 
the  maintenance  of  public  order  in  the  cities  of  Panama  and  Colon 


and  the  territories  and  harbors  adjacent  thereto  in  case  the  Republic 
of  Panama  should  not  be,  in  the  judgment  of  the  United  States,  able 
to  maintain  such  order. 

Article  VIII. 

The  Republic  of  Panama  grants  to  the  United  States  all  rights 
which  it  now  has  or  hereafter  may  acquire  to  the  property  of  the 
New  Panama  Canal  Company  and  the  Panama  Railroad  Company  as 
a  result  of  the  transfer  of  sovereignty  from  the  Republic  of  Colombia 
to  the  Republic  of  Panama  over  the  Isthmus  of  Panama  and  author- 
izes the  Xew  Panama  Canal  Company  to  sell  and  transfer  to  the 
United  States  its  rights,  privileges,  properties  and  concessions  as  well 
as  the  Panama  Railroad  and  all  the  shares  or  part  of  the  shares  of  that 
company ;  but  the  public  lands  situated  outside  of  the  zone  described 
in  Article  II  of  this  treaty  now  included  in  the  concessions  to  both 
said  enterprises  and  not  required  in  the  construction  or  operation 
of  the  Canal  shall  revert  to  the  Republic  of  Panama  except  any 
property  now  owned  by  or  in  the  possession  of  said  companies  within 
Panama  or  Colon  or  the  ports  or  terminals  thereof. 

Article  IX. 

The  United  States  agrees  that  the  ports  at  either  entrance  of  the 
Canal  and  the  waters  thereof,  and  the  Republic  of  Panama  agrees 
that  the  towns  of  Panama  and  Colon  shall  be  free  for  all  time  so 
that  there  shall  not  be  imposed  or  collected  custom  house  tolls, 
tonnage,  anchorage,  lighthouse,  wharf,  pilot,  or  quarantine  dues 
or  any  other  charges  or  taxes  of  any  kind  upon  any  vessel  using 
or  passing  through  the  Canal  or  belonging  to  or  employed  by  the 
United  States,  directly  or  indirectly,  in  connection  with  the  con- 
struction, maintenance,  operation,  sanitation  and  protection  of  the 
main  Canal,  or  auxiliary  works,  or  upon  the  cargo,  officers,  crew,  or 
passengers  of  any  such  vessels,  except  such  tolls  and  charges  as  may 
be  imposed  by  the  United  States  for  the  use  of  the  Canal  and  other 
works,  and  except  tolls  and  charges  imposed  by  the  Republic  of 
Panama  upon  merchandise  destined  to  be  introduced  for  the  con- 
sumption of  the  rest  of  the  Republic  of  Panama,  and  upon  vessels 
touching  at  the  ports  of  Colon  and  Panama  and  which  do  not  cross 
the  Canal. 

The  Government  of  the  Republic  of  Panama  shall  have  the  right 
to  establish  in  such  ports  and  in  the  towns  of  Panama  and  Colon 
such  houses  and  guards  as  it  may  deem  necessary  to  collect  duties 
on  importations  destined  to  other  portions  of  Panama  and  to  prevent 
contraband  trade.  The  United  States  shall  have  the  right  to  make 
use  of  the  towns  and  harbors  of  Panama  and  Colon  as  places  of 


6 
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anchorage,  and  for  making  repairs,  for  loading,  unloading,  deposit- 
ing, or  transshipping  cargoes  either  in  transit  or  destined  for  the 
service  of  the  Canal  and  for  other  works  pertaining  to  the  Canal. 

Article  X. 

The  Kepublic  of  Panama  agrees  that  there  shall  not  be  imposed 
any  taxes,  national,  municipal,  departmental,  or  of  any  other  class, 
upon  the  Canal,  the  railways  and  auxiliary  works,  tugs  and  other 
vessels  employed  in  the  service  of  the  Canal,  store  houses,  work 
shops,  offices,  quarters  for  laborers,  factories  of  all  kinds,  ware- 
houses, wharves,  machinery  and  other  works,  property,  and  effects 
appertaining  to  the  Canal  or  railroad  and  auxiliary  works,  or  their 
officers  or  employees,  situated  within  the  cities  of  Panama  and  Colon, 
and  that  there  shall  not  be  imposed  contributions  or  charges  of  a 
personal  character  of  any  kind  upon  officers,  employees,  laborers, 
and  other  individuals  in  the  service  of  the  Canal  and  railroad  and 
auxiliary  works. 

Article  XI. 

The  United  States  agrees  that  the  official  dispatches  of  the  Gov- 
ernment of  the  Republic  of  Panama  shall  be  transmitted  over  any 
telegraph  and  telephone  lines  established  for  canal  purposes  and 
used  for  public  and  private  business  at  rates  not  higher  than  those 
required  from  officials  in  the  service  of  the  United  States. 

Article  XII. 

The  Government  of  the  Republic  of  Panama  shall  permit  the 
immigration  and  free  access  to  the  lands  and  workshops  of  the  Canal 
and  its  auxiliary  works  of  all  employees  and  workmen  of  whatever 
nationality  under  contract  to  work  upon  or  seeking  employment  upon 
or  in  any  wise  connected  with  the  said  Canal  and  its  auxiliary  works, 
with  their  respective  families,  and  all  such  persons  shall  be  free  and 
exempt  from  the  military  service  of  the  Republic  of  Panama. 

Article  XIII. 

The  United  States  may  import  at  any  time  into  the  said  zone 
and  auxiliary  lands,  free  of  custom  duties,  imposts,  taxes,  or  other 
charges,  and  without  any  restrictions,  any  and  all  vessels,  dredges, 
engines,  cars,  machinery,  tools,  explosives,  materials,  supplies,  and 
other  articles  necessary  and  convenient  in  the  construction,  mainte- 
nance, operation,  sanitation  and  protection  of  the  Canal  and  auxil- 
iary works,  and  all  provisions,  medicines,  clothing,  supplies  and 
other  things  necessary  and  convenient  for  the  officers,  employees, 
workmen  and  laborers  in  the  service  and  employ  of  the  United  States 


and  for  their  families.  If  any  such  articles  are  disposed  of  for  use 
outside  of  the  zone  and  auxiliary  lands  granted  to  the  United  States 
and  within  the  territory  of  the  Republic,  they  shall  be  subject  to  the 
same  import  or  other  duties  as  like  articles  imported  under  the  laws 
of  the  Republic  of  Panama. 

Article  XIV. 

As  the  price  or  compensation  for  the  rights,  powers  and  privi- 
leges granted  in  this  convention  by  the  Republic  of  Panama  to  the 
United  States,  the  Government  of  the  United  States  agrees  to  pay  to 
the  Republic  of  Panama  the  sum  of  ten  million  dollars  ($10,000,000) 
in  gold  coin  of  the  United  States  on  the  exchange  of  the  ratification 
of  this  convention  and  also  an  annual  payment  during  the  life  of 
this  convention  of  two  hundred  and  fifty  thousand  dollars  ($250,000) 
in  like  gold  coin,  beginning  nine  years  after  the  date  aforesaid. 

The  provisions  of  this  Article  shall  be  in  addition  to  all  other  bene- 
fits assured  to  the  Republic  of  Panama  under  this  convention. 

But  no  delay  or  difference  of  opinion  under  this  Article  or  any  other 
provisions  of  this  treaty  shall  affect  or  interrupt  the  full  operation 
and  effect  of  this  convention  in  all  other  respects. 

Article  XV. 

The  joint  commission  referred  to  in  Article  VI  shall  be  established 
as  follows: 

The  President  of  the  United  States  shall  nominate  two  persons  and 
the  President  of  the  Republic  of  Panama  shall  nominate  two  persons 
and  they  shall  proceed  to  a  decision;  but  in  case  of  disagreement  of 
the  Commission  (by  reason  of  their  being  equally  divided  in  conclu- 
sion) an  umpire  shall  be  appointed  by  the  two  Governments  who  shall 
render  the  decision.  In  the  event  of  the  death,  absence,  or  incapacity 
of  a  Commissioner  or  Umpire,  or  of  his  omitting,  declining  or  ceas- 
ing to  act,  his  place  shall  be  filled  by  the  appointment  of  another  per- 
son in  the  manner  above  indicated.  All  decisions  by  a  majority  of  the 
Commission  or  by  the  umpire  shall  be  final. 

Article  XVI. 

The  two  Governments  shall  make  adequate  provision  by  future 
agreement  for  the  pursuit,  capture,  imprisonment,  detention  and  de- 
livery within  said  zone  and  auxiliary  lands  to  the  authorities  of  the 
Republic  of  Panama  of  persons  charged  with  the  commitment  of 
crimes,  felonies  or  misdemeanors  without  said  zone  and  for  the  pur- 
suit, capture,  imprisonment,  detention  and  delivery  without  said  zone 
to  the  authorities  of  the  United  States  of  persons  charged  with  the 
commitment  of  crimes,  felonies  and  misdemeanors  within  said  zone 
and  auxiliary  lands. 


8 
Article  XVII. 

The  Republic  of  Panama  grants  to  the  United  States  the  use  of 
all  the  ports  of  the  Republic  open  to  commerce  as  places  of  refuge  for 
any  vessels  employed  in  the  Canal  enterprise,  and  for  all  vessels  pass- 
ing or  bound  to  pass  through  the  Canal  which  may  be  in  distress  and 
be  driven  to  seek  refuge  in  said  ports.  Such  vessels  shall  be  exempt 
from  anchorage  and  tonnage  dues  on  the  part  of  the  Republic  of 
Panama. 

Article  XVIII. 

The  Canal,  when  constructed,  and  the  entrances  thereto  shall  be 
neutral  in  perpetuity,  and  shall  be  opened  upon  the  terms  provided 
for  by  Section  I  of  Article  three  of,  and  in  conformity  with  all  the 
stipulations  of,  the  treaty  entered  into  by  the  Governments  of  the 
United  States  and  Great  Britain  on  November  18,  1901. 

Article  XIX. 

The  Government  of  the  Republic  of  Panama  shall  have  the  right 
to  transport  over  the  Canal  its  vessels  and  its  troops  and  munitions  of 
war  in  such  vessels  at  all  times  without  paying  charges  of  any  kind. 
The  exemption  is  to  be  extended  to  the  auxiliary  railway  for  the 
transportation  of  persons  in  the  service  of  the  Republic  of  Panama, 
or  of  the  police  force  charged  with  the  preservation  of  public  order 
outside  of  said  zone,  as  well  as  to  their  baggage,  munitions  of  war 
and  supplies. 

Article  XX. 

If  by  virtue  of  any  existing  treaty  in  relation  to  the  territory  of 
the  Isthmus  of  Panama,  whereof  the  obligations  shall  descend  or  be 
assumed  by  the  Republic  of  Panama,  there  may  be  any  privilege  or 
concession  in  favor  of  the  Government  or  the  citizens  and  subjects 
of  a  third  power  relative  to  an  interoceanic  means  of  communication 
which  in  any  of  its  terms  may  be  incompatible  with  the  terms  of  the 
present  convention,  the  Republic  of  Panama  agrees  to  cancel  or  modify 
such  treaty  in  due  form,  for  which  purpose  it  shall  give  to  the  said 
third  power  the  requisite  notification  within  the  term  of  four  months 
from  the  date  of  the  present  convention,  and  in  case  the  existing 
treaty  contains  no  clause  permitting  its  modifications  or  annulment, 
the  Republic  of  Panama  agrees  to  procure  its  modification  or  annul- 
ment in  such  form  that  there  shall  not  exist  any  conflict  with  the 
stipulations  of  the  present  convention. 


Article  XXI. 

The  rights  and  privileges  granted  by  the  Republic  of  Panama  to 
the  United  States  in  the  preceding  Articles  are  understood  to  be  free 
of  all  anterior  debts,  liens,  trusts,  or  liabilities,  or  concessions  or 
privileges  to  other  Governments,  corporations,  syndicates  or  indi- 
viduals, and  consequently,  if  there  should  arise  any  claims  on  account 
of  the  present  concessions  and  privileges  or  otherwise,  the  claimants 
shall  resort  to  the  Government  of  the  Republic  of  Panama  and  not 
to  the  United  States  for  any  indemnity  or  compromise  which  ma}'  be 
required. 

Article  XXII. 

The  Republic  of  Panama  renounces  and  grants  to  the  United  States 
the  participation  to  which  it  might  be  entitled  in  the  future  earnings 
of  the  Canal  under  Article  XV  of  the  concessionary  contract  with 
Lucien  X.  B.  Wyse  now  owned  by  the  New  Panama  Canal  Company 
and  any  and  all  other  rights  or  claims  of  a  pecuniary  nature  arising 
under  or  relating  to  said  concession,  or  arising  under  or  relating  to 
the  concessions  to  the  Panama  Railroad  Company  or  any  extension  or 
modification  thereof;  and  it  likewise  renounces,  confirms  and  grants 
to  the  United  States,  now  and  hereafter,  all  the  rights  and  property 
reserved  in  the  said  concessions  which  otherwise  would  belong  to 
Panama  at  or  before  the  expiration  of  the  terms  of  ninety-nine  years 
of  the  concessions  granted  to  or  held  by  the  above  mentioned  party 
and  companies,  and  all  right,  title  and  interest  which  it  now  has  or 
may  hereafter  have,  in  and  to  the  lands,  canal,  works,  property  and 
rights  held  by  the  said  companies  under  said  concessions  or  otherwise, 
and  acquired  or  to  be  acquired  by  the  United  States  from  or  through 
the  Xew  Panama  Canal  Company,  including  any  property  and  rights 
which  might  or  may  in  the  future  either  by  lapse  of  time,  forfeiture 
or  otherwise,  revert  to  the  Republic  of  Panama  under  any  contracts 
or  concessions,  with  said  Wyse,  the  Universal  Panama  Canal  Com- 
pany, the  Panama  Railroad  Company  and  the  Xew  Panama  Canal 
Company. 

The  aforesaid  rights  and  property  shall  be  and  are  free  and  released 
from  any  present  or  reversionary  interest  in  or  claims  of  Panama 
an^l  the  title  of  the  United  States  thereto  upon  consummation  of  the 
contemplated  purchase  by  the  United  States  from  the  Xew  Panama 
Canal  Company,  shall  be  absolute,  so  far  as  concerns  the  Republic  of 
Panama,  excepting  always  the  rights  of  the  Republic  specifically 
secured  under  this  treaty. 

Article  XXIII. 

If  it  should  become  necessary  at  any  time  to  employ  armed  forces 
for  the  safety  or  protection  of  the  Canal,  or  of  the  ships  that  make 


10 

use  of  the  same,  or  the  railways  and  auxiliary  works,  the  United 
States  shall  have  the  right,  at  all  times  and  in  its  discretion,  to  use 
its  police  and  its  land  and  naval  forces  or  to  establish  fortifications 
for  these  purposes. 

Article  XXIV. 

No  change  either  in  the  Government  or  in  the  laws  and  treaties  of 
the  Republic  of  Panama  shall,  without  the  consent  of  the  United 
States,  affect  any  right  of  the  United  States  under  the  present  con- 
vention, or  under  any  treaty  stipulation  between  the  two  countries 
that  now  exists  or  may  hereafter  exist  touching  the  subject  matter  of 
this  convention. 

If  the  Republic  of  Panama  shall  hereafter  enter  as  a  constituent 
into  any  other  Government  or  into  any  union  or  confederation  of 
states,  so  as  to  merge  her  sovereignty  or  independence  in  such  Gov- 
ernment, union  or  confederation,  the  rights  of  the  United  States  under 
this  convention  shall  not  be  in  any  respect  lessened  or  impaired. 

Article  XXV. 

For  the  better  performance  of  the  engagements  of  this  convention 
and  to  the  end  of  the  efficient  protection  of  the  Canal  and  the  preser- 
vation of  its  neutrality,  the  Government  of  the  Republic  of  Panama 
will  sell  or  lease  to  the  United  States  lands  adequate  and  necessary 
for  naval  or  coaling  stations  on  the  Pacific  coast  and  on  the  western 
Caribbean  coast  of  the  Republic  at  certain  points  to  be  agreed  upon 
with  the  President  of  the  United  States. 

Article  XXVI. 

This  convention  when  signed  by  the  Plenipotentiaries  of  the  Con- 
tracting Parties  shall  be  ratified  by  the  respective  Governments  and 
the  ratifications  shall  be  exchanged  at  Washington  at  the  earliest  date 
possible. 

In  faith  whereof  the  respective  Plenipotentiaries  have  signed  the 
present  convention  in  duplicate  and  have  hereunto  affixed  their 
respective  seals. 

Done  at  the  City  of  Washington  the  18th  day  of  November  in  the 
year  of  our  Lord  nineteen  hundred  and  three. 

John  Hay  [seal] 

P.  Bunau  Varill.\     [  seal] 

And  whereas  the  said  Convention  has  been  duly  ratified  on  both 
parts,  and  the  ratifications  of  the  two  governments  were  exchanged 
in  the  City  of  Washington,  on  the  twenty-sixth  day  of  February,  one 
thousand  nine  hundred  and  four; 


11 

Now,  therefore,  be  it  known  that  I,  Theodore  Eoosevelt,  President 
of  the  United  States  of  America,  have  caused  the  said  Convention  to 
be  made  public,  to  the  end  that  the  same  and  every  article  and  clause 
thereof,  may  be  observed  and  fulfilled  with  good  faith  by  the  United 
States  and  the  citizens  thereof. 

In  testimony  whereof,  I  have  hereunto  set  my  hand  and  caused  the 
seal  of  the  United  States  of  America  to  be  affixed. 

Done  at  the  City  of  "Washington,  this  twenty-sixth  day  of  Febru- 
ary, in  the  year  of  our  Lord  one  thousand  nine  hundred 
[seal]     and  four,  and  of  the  Independence  of  the  United  States  the 
one  hundred  and  twenty-eighth. 

Theodore  Eoosevelt 
By  the  President : 
John  Hat 
Secretary  of  State. 

o 


UNIVERSITY  OF  FLORIDA 


3  1262  08520  3890 


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